Law Lists for the Supreme Court of Tasmania Monday 23 November 2020 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY 23 NOVEMBER 2020

HOBART

Court 1, Salamanca Place, Hobart
Before the FULL COURT OF APPEAL
Civil Jurisdiction
9:15am
For Orders
Tasmanian Health Service v The Public Trustee

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Bail Application via video link to Court 1, Cameron Street, Launceston
James Dick

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Directions Hearing
Mark William Ransley

1:00 p.m
For Directions Hearing
Justin Craig Cleaver

Court 2, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
1:15 p.m.
For Decision via video-link from Supreme Court, Alexander Street, Burnie
JGM

Court 8, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
10:00a.m
For Directions Hearing via video link to Risdon Prison Complex
Joshua Dillon Astell
Nicholas Aaron Scott
Luke Matthew John Chatters
Joshua Robin Oakley

For Directions Hearing via video link to Ron Barwick Minimum Security Prison
George Douglas Smith
Shane Michael Emmerton

For Directions Hearing via video link to Hobart Reception Prison
Jed Curtis Leggett

For Directions Hearing
DER
Amanda Louise White
Talisha Renee Kelly-Narracott
Rad John Pearsall
Adam John Rex Stone
Michael John Hopkinson
Daniel Nicky Smith
Katie Jane Shearing
Melinda Kate Lucas
Christopher Mac Hatty
Lisa Maree Wells
Tara Mary Elizabeth Irwin
Kathleen Marie Arnold
Carl Alexander Haas
AJC
Baden George Mann
Janelle Lynette Heron
MLVT
Kenneth Shaw
Jorden Bird
Michael Linden Dennison
Kye John Edward Charles Louney
Annabelle Vanessa Millhouse
Joshua James Barda
Lisa Lyn Harwood

For Bail Variation
Joshua Michael Murtagh
For Plea
David Andrew Thomas

Not before 11:00a.m
For Bail Application
Adam Elias Walker
Robert Edward Lovell
Tye Paul Silver

For Bail Consent
Patrick Simon Bailey
John Gregory Peck
Luke Anthony Joseph Burston
Michael Peter Lee James Blake
Joel Peter Young
PT
Rachael Anne Hardy
Peter Roy Furminger
Chelsea Patricia Doreen Smith
Ashley Dean Brown
Kellie Maree Umgeher
Tobias Oddie-Jones
Joshua George Hector Clark
Georgia Skrepetos
Mohammad Reza Sadeghi
Biniyam Tewoldebirhan Hagos
Yohannes Tesdasilassie Tsegazeb
Hossein Karimi
Mohammad Maleki
Mohammad Heidari
Karen Patricia Nancy Keefe
KWDF
ART
Budde Mitchell Byrne
Hossein Gholami

4:15p.m
For Preliminary Proceedings Application via video link to Court 2, Cameron Street, Launceston
Patrick Simon Bailey

For Bail Application
Danny James Smith

Court 1, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
4:15pm
For Bail Application via video link to Risdon Prison Complex and Supreme Court, Cameron Street Launceston
Chancy Aaron Bell
(Part-heard)

For Bail Consent
John Edward Bailey
MJP
Travis James Ray

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
2:15p.m.
For Directions Hearing
Chamber Matter

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Chief Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Bail Application via video link from Court 2, Salamanca Place, Hobart
James Dick

Court 1 Cameron Street, Launceston
Before Justice ESTCOURT
Criminal Jurisdiction
1:15 p.m.
For Decision via video-link from Supreme Court, Alexander Street, Burnie
JGM

2:15 p.m.
For Decision via video-link from Supreme Court, Alexander Street, Burnie
Kurt Johnhill Richardson

Court 2, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
4:15p.m
For Preliminary Proceedings Application via video link to Court 8, Salamanca Place, Hobart
Patrick Simon Bailey

BURNIE

Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
1:15 p.m.
For Decision via video-link to link to Court 2, Supreme Court, Hobart, Court 1, Cameron Street, Launceston and Launceston Prison Complex
JGM

2:15 p.m.
For Decision via video-link to Court 1, Cameron Street, Launceston and Ron Barwick Prison
Kurt Johnhill Richardson

4:00 p.m.
For Mention via video-link to Risdon Prison Complex
Joshua Noel Frank Parker
Robert Michael Cummings

For Mention
Ryan John Williams

For Sentence

The Supreme Court of Tasmania heard an appeal from the Tasmanian Health Service against the Public Trustee. The dispute revolves around the management and administration of an estate, with specific contentions regarding the application of certain legislation and the interpretation of legal principles. The full court, consisting of three judges, was tasked with reviewing the decisions made by the lower court and determining whether they were correct in law.

The primary legal issue before the court was whether the Public Trustee had correctly exercised their discretion under the relevant statute when managing the estate. The Tasmanian Health Service argued that the Public Trustee had failed to adhere to the statutory requirements and had made decisions that were not in the best interest of the estate. The Public Trustee, on the other hand, maintained that their actions were lawful and justified under the circumstances.

In delivering the judgment, the court examined the relevant statutory provisions and case law to ascertain the proper application of the law. The judges found that the Public Trustee had indeed erred in their interpretation and application of the statute, leading to decisions that were not in line with the statutory objectives. Consequently, the court allowed the appeal, quashed the decisions of the lower court, and remitted the matter back for reconsideration in light of the court's findings.

The court's final orders included the quashing of the previous decisions made by the Public Trustee and the direction that the matter be reconsidered by the Public Trustee in accordance with the court's judgment. The Tasmanian Health Service was awarded costs of the appeal.

Law Lists for the Supreme Court of Tasmania Monday 23 November 2020

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established